Session of 1999
SENATE BILL No. 202
By Committee on Education
2-2
9 AN ACT concerning the state educational institutions; relating to resi-
10 dency for fee purposes; amending K.S.A. 1998 Supp. 76-729 and re-
11 pealing the existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 76-729 is hereby amended to read as
15 follows: 76-729. (a) Persons enrolling at the state educational institutions
16 under the control and supervision of the state board of regents who, if
17 such persons are adults, have been domiciliary residents of the state of
18 Kansas or, if such persons are minors, whose parents have been domicil-
19 iary residents of the state of Kansas for at least 12 months prior to en-
20 rollment for any term or session at a state educational institution are
21 residents for fee purposes. Persons whose natural or adoptive parents, or
22 either of them, are graduates of a state educational institution are resi-
23 dents for fee purposes, regardless of the domiciliary residence of such
24 persons. A person who has been a resident of the state of Kansas for fee
25 purposes and who leaves the state of Kansas to become a resident of
26 another state or country shall retain status as a resident of the state of
27 Kansas for fee purposes if the person returns to domiciliary residency in
28 the state of Kansas within 12 months of departure. All other persons are
29 nonresidents of the state of Kansas for fee purposes.
30 (b) The state board of regents may authorize the following persons,
31 or any class or classes thereof, and their spouses and dependents to pay
32 an amount equal to resident fees:
33 (1) Persons who are employees of a state educational institution;
34 (2) persons who are in military service;
35 (3) persons who are domiciliary residents of the state, who were in
36 active military service prior to becoming domiciliary residents of the state,
37 who were present in the state for a period of not less than two years
38 during their tenure in active military service, whose domiciliary residence
39 was established in the state within 30 days of discharge or retirement
40 from active military service under honorable conditions, but whose dom-
41 iciliary residence was not timely enough established to meet the residence
42 duration requirement of subsection (a);
43 (4) persons having special domestic relations circumstances;
44 (5) persons who have lost their resident status within six months of
45 enrollment;
46 (6) persons who are not domiciliary residents of the state, who have
47 graduated from a high school accredited by the state board of education
48 within six months of enrollment, who were domiciliary residents of the
49 state at the time of graduation from high school or within 12 months prior
50 to graduation from high school, and who are entitled to admission at a
51 state educational institution pursuant to K.S.A. 72-116, and amendments
52 thereto;
53 (7) persons who are domiciliary residents of the state, whose domi-
54 ciliary residence was established in the state for the purpose of accepting,
55 upon recruitment by an employer, or retaining, upon transfer required
56 by an employer, a position of full-time employment at a place of employ-
57 ment in Kansas, but the domiciliary residence of whom was not timely
58 enough established to meet the residence duration requirement of sub-
59 section (a), and who are not otherwise eligible for authorization to pay an
60 amount equal to resident fees under this subsection; and
61 (8) persons who have graduated from a high school accredited by the
62 state board of education within six months of enrollment and who, at the
63 time of graduation from such a high school or while enrolled and in at-
64 tendance at such a high school prior to graduation therefrom, were de-
65 pendents of a person in military service within the state; if the person,
66 whose dependent is eligible for authorization to pay an amount equal to
67 resident fees under this provision, does not establish domiciliary resi-
68 dence in the state upon retirement from military service, eligibility of the
69 dependent for authorization to pay an amount equal to resident fees shall
70 lapse.
71 (c) As used in this section, except as otherwise specifically provided:
72 (1) "Parents" means and includes natural parents, adoptive parents,
73 stepparents, guardians and custodians.
74 (2) "Guardian" has the meaning ascribed thereto by K.S.A. 59-3002,
75 and amendments thereto.
76 (3) "Custodian" means a person, agency or association granted legal
77 custody of a minor under the Kansas code for care of children.
78 (4) "Domiciliary resident" means a person who has present and fixed
79 residence in Kansas where the person intends to remain for an indefinite
80 period and to which the person intends to return following absence.
81 (5) "Full-time employment" means employment requiring at least
82 1,500 hours of work per year.
83 Sec. 2. K.S.A. 1998 Supp. 76-729 is hereby repealed.
84 Sec. 3. This act shall take effect and be in force from and after its
85 publication in the statute book.